Do they have more money than you?
If they do, chances are you would somehow lose in court, and even if you have the spirit of the law on your side.
I wouldn’t bet on consumer protection in USA, and I’ve seen many TOS documents that were CLEARLY illegal in EU, but legal in USA. But that was back in the 90’s where I worked with parallel import of software and hardware from USA.
We were occasionally contacted because the import of software at way cheaper prices than they were available here in EU, was against the TOS.
Usually we were not contacted again after my first response to them, that they could shove their American legalese shit where the sun doesn’t shine, US law has no bearing in Europe, and the TOS containing just 1 illegal clause invalidates the whole thing here. 🤣 🤣 🤣